is partial immunity. The English representative said: "We
understand by mail steamers, steamers of subsidized lines, and
consequently owned by persons whom the German Government consider as
respectable."[44] And in this intimation he merely voiced the suspicion
in England that with or without the knowledge of the Government the
German ships had been guilty of unneutral service, which the more recent
authorities on international law distinguished from the carrying of
contraband.
[Footnote 44: Sessional Papers, Africa, No. I (1900), C. 33, p. 21;
Salisbury to Lascelles, Jan. 16, 1900.]
It is generally agreed that neutral mail steamers and other vessels
carrying the mails by agreement with neutral governments have in certain
respects a peculiar position. Their owners and captains cannot be held
responsible for the nature of the numerous communications they carry. It
is equally well understood that a neutral may not transmit signals or
messages for a belligerent, nor carry enemy's despatches, nor transport
certain classes of persons in the service of a belligerent. But mail
steamers may carry persons who pay for their passage in the usual way
and come on board as ordinary passengers, even though they turn out to
be officers of one or the other of the belligerents. Although the
tendency of modern times to exempt mail ships from visit and search and
from capture and condemnation is not an assured restriction upon
belligerent interests, it is a right which neutrals are entitled to
demand within certain well-defined limits. It was understood when this
immunity was granted by the United States in 1862 that "simulated mails
verified by forged certificates and counterfeit seals" were not to be
protected.[45]
[Footnote 45: Wheaton, International Law, Dana's Ed., p. 659, note.]
During the controversy between the English and German Governments with
reference to the seizure of the three German ships, Professor T.E.
Holland, the editor of the British Admiralty Manual of Prize Law of
1888, declared: "The carriage by a neutral ship of troops, or of even a
few military officers, as also of enemy despatches, is an enemy service
of so important a kind as to involve the confiscation of the vessel
concerned, a penalty which under ordinary circumstances, is not imposed
upon the carriage of contraband property so called."[46] Under this head
if would seem the alleged offense of the ship _Bundesrath_ may properly
be classed, and charges
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